[[It was left to Congress to set the laws to NATURALIZE. That is all.]]
I believe it was given them the responsibility to define things like NBC as well-
[[I rely on the words of the learned people of that time period of American history to shape my understanding. NOT modern naturalization law,]]
And that’s fine, the old law should be taken into consideration and the ‘original intent’ should be at least tried to be understood, but modern laws are what govern society now- the early founders had the wisdom to know that laws would necessarily need to be changed, tweaked and refined as the country grew and as new knowledge came to light
It is significant to note that in a more recent case, in 2001, the Supreme Court indicated that under
current law and jurisprudence a child born to U.S. citizens while living or traveling abroad, and a
child born in the geographic United States, had the same legal status. In Tuan Anh Nguyen v. INS,162 the Court explained that a woman who is a U.S. citizen living abroad and expecting a child could re-enter the United States and have the child born “in” the United States, or could stay abroad and not travel back to this country and have the child born abroad, and that the child in either case would have the same status as far as U.S. citizenship:
[T]he statute simply ensures equivalence between two expectant mothers who are citizens
abroad if one chooses to reenter for the child’s birth and the other chooses not to return, or
does not have the means to do so.163
http://fas.org/sgp/crs/misc/R42097.pdf
The above is what I meant about the founders and early leaders acknowledging that times change, and circumstances change, and so laws would need to evolve as well- Just because a woman travels abroad, has a child while in another country, does not mean, or rather should not mean, that the child is a foreigner- We the people are sovereigns- we no longer have one sovereign leader over us, in the sense that we are subjects of said leader- we are all each individually sovereigns and as such, just like the sovereign of England, people born under us are ours, and retain our citizenship
“I believe it was given them the responsibility to define things like NBC as well-”
That is incorrect. If you were to read some of the 15 attempts over the past 45 years where Congress has tried to drum up support for an amendment to Art. 2 eligibility restrictions you would have proof that Congress CANNOT define natural born Citizen as you suggest.
The Constitution is NOT a living document. Thank the Lord.